ML20202G215

Requests That Specific Parts of SE Accompanying 980126 Request for Amend to TS Be Withheld from Public Disclosure Per 10CFR9.17 & 10CFR2.790

ML20202G215
Person / Time
Site:	05000128
Issue date:	02/08/1998
From:	Okelly S TEXAS A&M UNIV., COLLEGE STATION, TX
To:	Michaels T NRC (Affiliation Not Assigned)
References
98-0019, 98-19, NUDOCS 9802200085
Download: ML20202G215 (16)

Text

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e' TEXAS ENGINEERING EXPERIM ENT STATION

, TEXAS A&M UNIVERSITY.

cou EGE STATO4, TEXAS 77M3 3575

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I NUCLEAR SCIENCE CENTER 409'845 7551 February 8,1998 Mr.1heodore Michaels 98-0019 U.S Nuclear Regulatory Commission Non Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation MS 11B20 Washington, D.C. 20555-0001

SUBJECT:

Application and Affidavit to Withhold Proprietary Information from Public Disclosure REF: NSC Letter 98-0010. " Request for Amendment to Technical Specifications of Facility License R-83" dated January 26,1998 Mr. Michaels:

Thank you for directing me to 10 CFR 2.790 for the correct procedures to request proprietary controls of the information contained in the previous document titled

" Request for Amendment to Technical Specifications of Facility License R-83 " This application is to request that specific parts of the Safety Evaluation accompanying NSC Letter 98-0010 be exempt from public disclosure in accordance with 10 CFR 9.17 and 10 CFR 2.790.

It was my error to request control of all information contained within the attachment titled, " Safety Evaluation for the Production of(I-125) at the Texas A&M University Nuclear Science Center." The specific sections ths.t, we feel, potentially compromise our competitive position are Dsseription of Process and System Design and Operation (This includes Figure 1 and 2). The Nuclear Science Center (NSC) statTfelt that these sections were necessary for the subsequent safety analysis involving a release of activated xenen.

A Texas company has asked several members of the NSC stafTto sign confidentiality agreements regarding the production process and future schedules concerning the commercial production of radiciodine at the NSC. These confidentiality agreements I were mistakenly extended to the full Safety Evaluation document.

[ Q]' {'i The fundamental process of neutron activation is well known The NSC staff has been regularly producing and handling radioactive tracer gases (Ar-41 and Kr-79) for over ten 9802200085 980200 PDR ADOCK 05000128 P PDR ResEARCH AND DEVELOPMENT FOR MANKIND g

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. years with continuously improved procedures and greater experience. The staff has

developed specific methods for the manipulation of radioactive gases and has applied this knowledge to the design of the (1-125) Production System.~ The sponsoring company is concerned that in the competitive marketplace the NSC design could be constructed elsewhere (another reactor) with a significant loss ofinvestment for the company. It is for this specific reason that the above noted sections should be controlled as privileged

commercial information as allowed by 10 CFR 2.790(b)(4)(v).

For complete safety reviews and licensing actions it was necessary that the NRC --

(understand why a Xe-125 release is the limiting accident and not 1 125._ The requirement

' for iodine plate out in the Production System would not be clear without a description of 1the System and the processing method.-

~ The NSC staff, the Licensee and the sponsoring company understand and appreciate the -

Commission's position'of public trust regarding the review oflicensed activities. We feel -

that it.is appropriate and necessary for the complete document to be evaluated by the.

NRC and any contractor personnel involved in the review and approval process. It is hereby requested that the Safety Evaluation document be released to the NRC Public--

Document Room with the exception of pages 2-4 containing privileged information in accordance with 10 CFR 2.790 and 10 CFR 9.17(4).

The attached affidavit specifically addresses the requirements of 10 CFR 2.790. Dr.

1 Warren D. Reece, NSC Director, has signed the affidavit as the information was _ _

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' developed and is retained at the NSC Facility. Please do not hesitate to contact _Dr. Reece or me if you require any additional information, m Since ly, t

f y-Sean O'Kel Assistant Director SOK/tl

Attachment:

Affidavit -

xc: 12110/ Central File 17122/NRC Correspondence File

- _____d

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f Affidavit

Reference:

NSC 98-0010, dated January 261998, titled " Request for Amendment to Technical Specifications of Facility License R-83" and attachment

} " Safety Evaluation for the Production of(I 125) at the Texas A&M University Nuclear Science Center."

Sirs:

It is hereby requested that pages 2,3 and 4 of the document titled " Safety Evaluation for the Production of(I-125) at the Texas A&M University Nuclear Science Center" containing the sections titled Dsscription of Process and System Desip and Operation be exempt from public disclosure in accordance with 10 CFR 9.17(4) and 10 CFR 2.790.

The following is submitted as required by 10 CFR 2.790, paragraph (b)(3)(i):

The information was submitted to, and received by the Commission in confidence. The information contains details of a method ofisotope production utilizing novel transfer methods. It is understood that the Commission would need to know specifics for background information but not for accident analysis.

An extensive literature search during a initial design phase found a number of different techniques for the production of radioiodine. The Nuclear Science Center staff extended these techniques and daeloped methods that will improve the isotopic purity of the fmal product and facilitate recovery of the I-125. It is this information that is not available in public sources and is contained in the Safety Evaluation.

The design and operating details are maintained confidential at the facility. A limited number of personnel are involved in the equipment fabrication and process training. All personnel directly involved in the project development and

< safety analysis have signed Confidentiality Agreements.

It is felt that a release of the specified information to the general public might compromise the competitive position of the sponsoring company and the Nuclear Science Center. The design development and construction has been funded entirely from an external facility uset. All parties consider the information to be a significant investment of time end money. It would be a great loss ofinvestment and future income if another company, domestic or foreign, were to fabricate an identical apparatus in the curcent competitive environment.

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' , IDr. Warren D. Reece, Director of the Nuclear Science Center, certify that the information contained in this document is, to the best of my knowledge, true, accurate and complete.

Signaturc: .

' "C . Date:lo Fe'/ 'TJ

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Subscribed and sworn to before me by the said -.W. D. Reesc on this /O day of February,1998. My commission expires on the . 7 day of la A's_ .

/999 .

A O.8M  :

Notary Public [/ / -$m u ..

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